### IN THE SUPREME COURT OF THE STATE OF MONTANA OP 23-0540
DANIEL DURGLO,

Petitioner,

v. SGT. BRADLEY BRAGG, Lewis and Clark County Detention Center,

Respondent. 

# RILED OCT 10 2023 Bowen Greenwood Cierk of Supreme Court State of Montana ORDER

Daniel Durglo petitions this Court for habeas corpus relief, indicating that his incarceration is illegal becausehis sentences are longerthan Montana lawallows. He states that in one ofhis cases, he received a ten-year sentence, all suspended, to the Department of Corrections (DOC), pursuant to § 45-6-301(7)(b)(i), MCA. He contends that the maximum punishment is three years. He adds that his sentence was revoked. Durglo requests that this Court overturn his sentence or that the DOC recalculate his sentence as this Court directs. Durglo does not attach any supporting documentation. We secured available electronic documents. On March 6,2019.the Lewisand Clark County District Court accepted Durglo's guilty plea to felony theft and sentenced Durglo to the DOC for a suspended, ten-year term, to run consecutively to his burglary sentence from Lewis and Clark County.' On August 30, 2023, the Lewis and Clark County District Court revoked his suspended sentence due to his recent conviction in the Lake County District Court. The District Court committed Durglo tothe DOC for a suspended, ten-year terrn to run consecutively to his burglary sentence. The court also awarded credit for time

I In the Lewisand Clark County District Court, Durgloreceived aten-year sentence with fiveyears suspended for felony burglary on February 21, 2018. On August 30, 2023, the court revoked this sentence for burglary, imposing a five-year, DOC term and awarding both credit for time served and elapsed time. 10/10/2023

Case Number: OP 23-0540served from March 10, 2023 to August 30, 2023, and the court did not award credit for

street time, also known as elapsed time. Durglo misunderstands Montana law. He has a valid sentence. This Court points out that Durglo committed the felony offense on December 24, 2016, and the 2015 version ofMontana statutes apply. Section45-6-301(8)(b)(i),MCA (2015),providesthat "aperson convicted ofthe offense oftheft ofproperty exceeding $1,500 in value
. . . shall be fined an amount not to exceed $50,000 or be imprisoned in a state prison for a term not to exceed 10 years, or both." The court sentenced him to the maximum term often years. Moreover, theDistrict Court imposed a valid sentence upon revocation. Section 46- 18-203(7),MCA. "Ifthejudge findsthat theoffenderhasviolatedtheterrns andconditions of the suspended sentence
. . . and the violation is not a compliance violation, thejudge may[]
. . . [] revoke the suspension ofsentence and require the offender to serve either the sentence imposed or any sentence that could have been imposed that does not include a longer imprisonment or commitment term than the original sentence[.]" Section 46-18- 203(7)(a)(iii), MCA. Here, the District Court revoked the lawful sentence often years, and imposed a suspended,ten-yearterm to the DOC. Durglowas notyet servinghis suspended sentence for theft, and thus, he received no elapsed time credit. Durglo received credit for jail time served, and he is not serving a longer sentence upon revocation. Durglo cannot challengehis sentence upon revocation through this remedy. Section 46-22-101(2), MCA. This Court will not overturn his sentence. Durglo is not entitled to a reduction or recalculation ofhis sentence. Therefore, IT IS ORDERED that Durglo's Petition for Writ ofHabeas Corpus is DENIED and DISMISSED. TheClerk ofthe SupremeCourt is directedtoprovidea copy ofthis Order to counsel ofrecord and to Daniel Durglo personally. DATED this 

### lb day ofOctober, 2023.

ChiefJustice 2

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Justices

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